Case # 329259
Statement of Additional Grounds for Review
State of Washington v. Don Arthur Moore
OCT 2 2 2015
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I : l ...... _.... ______..____ H------...... _---- ...... --. ·---- . -- - .--- -- .... --- .- ... -- i I -~------··---- ·-----·--· ~-+--·· ...... _._ . ------.... -- ...... - i I . i I ------· ...... _ ····t-j------.... ---- ...... ----- ...... -.. ---- .I 'i I III II ·ll· I! j· .I I I! -ll I! ······;L i! --+l"I, I! l( ·t t·· I! .f .. L_ I' I I I I It I i H l i II i :- 1 I t I ! i ··-----t--·~- --- ! t I I ·rr. ) .. fl ! l I I i I H I i r! ' l I l ~; -.- .2L c~erJ'rJ{j 7 - ) A1J Oe.V()U fll\ -A ~~ ~f \ " Investigative Report for Incident $13-02272 Page 41 of65 Investigative Report for Incident S/3-02272 Page 42 of65 1 called Dalton and identified myself. I told Dalton that I was investigating Vehicles the murder of Bruce Molony and that his name had come up as being a friend or acquaintance of Molony's. Dalton corrected me stating that he was not Molony's Vehicle Number: friend and more of an o:~cqui).int.Lince of his. Dalton with some reluctance clarified 28670 his being Molony's acquaintance. Dalton told me that heis in AA with Molony and License Plate: 420VSJ License Type: PC Regular Passenger Automobile that ~s the extent of his knowing him. Dalton told me that morning of the murder. Saturday he was at the AA m€eting in Riverside at the church. State: WA Expires: 11/13/13 Vehicle Year: 2000 VIN: JGHDT13W2Y2178839 Dalton explained that Bruce Molony was sitting several people away down the Make: OLDS Oldsmobile table when he shared about something going on in his life at that time. Daltom Model: BRAVA told me that Molony didn't use any specifics or na."nes when he told the group Color: SIL f Doors: that he was having troub]es with a man and that he wasn't the man he used to be~ Vehicle Type: SlN Sport Utility Value: $0.00 who would fight at the drop of a hat. Dalton said that Molony went on to tell.:::.------ Vehicle thA cnonp that if this continued with the man that someone would get hurt. Da1 ton said he doesn · t kno1.r anything more than that and seemed a bit confused as Owner: t n hf"l'"'' h~s n"l!!Ie wns mentionr::;od in r.he invesr- igation. Last: KEIPER First: PATTY Mid: JO i r.h.mked Dn lt".on for his cooperation and told him to ca 11 me if he has any other DOB: 11/22/62 Dr Lk: KE!PEPJ383Q2 Address: J 688 TIJNK CREEK RD 1nformal1on in the case. Race: W Sex: F Phone: (360)224-3345 City: RIVERSIDE, WA 98849 End of report_ Agency: OCSO OKANOGAN COUNTY Date R.ecov/Rcvd: **/**/** I certify or declare that the foregoing statement is true and correct under Officer: IRWIN D Area: the penalty of perjury under the laws of the state of lillashington. UCR Status: Wrecker Service: Date, ime, Reporting Officer Local Status: Storage Location: 05/2RJ 013 Status Date: **/**/** Release Date: **/**/** neter:t. V"": Rnb Heyen lJl5 Comments: Vehicle Number: 28663 License Plate: 986YSL License Type: PC Regular Passenger Automobile State: WA Expires: 01/14/14 Vehicle Year: 1991 VIN: JFAPP64R4MHI48798 Make: FORD Ford Model: THUCP Color: SIL/ Doors: Vehicle Type: PCAR Passenger Car Value: $0.00 Owner: Last: First: Mid: DOB: **/**/** DrLic: Address: Race: Sex: Phone: City: Agency: OCSO OKANOGAN COUNTY Date Recov/Rcvd: **/**/** Officer: TR\NTN D Area: UCR Status: Wrecker Service: Local Status: Storage Location: Status Date: 04/20/13 Release Date: **/**/** Comments: Vehicle Sold 04115/2013 0Gf03/13 06/03/13 -;::::.- 6f2ou~D~ :\ A b DeJJ\fJ w~ G \\ =--- r 'c\, J"r ) Investigative Report for Incident $13-02272 Page 37of65 Investigative Report for Incident $13-02272 Page 38 of65 sh<:!ath in his hip pocket prior to being ro1led over, his body weight should have Supplement pres:=:ed the pocket closed. Supplemental Report: Bullet wounds to Bruce Molony's face. head and elbow: Witness statements: Molony was shot in the face 3 times. the upper lip. right and left cheeks and Ronald Skogstad therP. was 1 shot to the right ear. During the autopsy I saw that the left elbow Brandon Valentine had .-'l bullet lodged in it. (513-0?.272-trh-autopsy (72 &73). These Narrative: c:ircum.stances and evidence leads me to believe that Bruce Molony may well have t:r:P.rl us1.ng his left arm in a defPnsive move while being shot in the face. Interview with Ronald Skogstad Interview with Brandon Valentine Encl nf rp,port. Interview John P Dalton I certify or declare that the foregoing statement is true and correct under On Monday May 13 2013 at about 1311 hours, I contacted Ronald "RonnieM Skogstad the penalty of perjury under the )aws of the state of Washington. at his residence, 206 Main Street in Riverside. Skogstad had been identified by Date. Time, Reporting Officer Deputy Irwin as a possible witness in the case who may have had contact with Don OS0.?./2013 Moore prior to the murder of Bruce Molony. Skogstad resides with Edward ~Pappy~ 9 D"'tertlve Rob Heyen Ul5 Mcintyre and we had contacted Mcintyre on Thursday May but Skogstad wasn't at home. Ronald Skogstad invited me inside the residence to talk about Don Moore and Bruce Molony. Skogstad told me about Don Moore Coming over to his house on Saturday that very same day Bruce Molony was killed at between the hours of 1100, 1200 or 1300 "before he committed that act of insanityM. Skogstad sort of under his breath said that he was dreading this. Skogstad said that Don Moore stopped by to just "say hey" and that he stayed only for a short while maybe 10 minutes and never even sat down. Skogstad stated that Don Moore comes by as a ritual once a week to drop off the party line print and other times to show him a car he had found like he did when he got the Thunder bird. We talked about what a nice car that the Thunderbird is. Skogstad said he knew that Don had some of his stuff and car parts stolen from his place while he was out of town but he didn't know that Don thought it was Bruce until that Saturday. Skogstad stated that he knew Bruce too "and thought of hi:ffi as a nice and decent guy. Skogstad told me that Don talked about being pissed at Bruce and that -Don made a threat to him directed towards Bruce. Skogstad looked away in thought and said he wanted to remember the exact wordsa that Don uSed. Skogstad. began telling me about the visit from Don Moore again and then stated Don told him "I feel like shoo tin that fucker." Skogstad took . the threat seriously enough to wil'ere he told me he started talking to Don about letting the law take care of it since he had made the report and to not throw his life away. I inquired about Don Moore carrying firearms and if Skogstad had seen Moore with any handguns that he carried on his person. Skogstad told me that he has seen Don carrying a handgun and the way he put it was that it was in conjunction with his plastic Sheriff star on his hat making him wonder if it was even a real gun. Skogstad described the handgun he was referring to as a small revolver. Skogstad went on to talk about Don Moore coming over 5 days prior to the murder, wanting to trade him a hand gun that he had for his 9rron hand gun. Skogstad described the handgun Moore wanted to trade for his 9mm as being a Ruger semi auto 22 and that it was a "William B Ruger" commemorative edition with white grips. Skogstad said that he declined the trade Moore had offered. I asked Skogstad about seeing any firearms carried by Moore during his visit on the day of the Molony murder. Skogstad told me that he didn · t notice Moore carrying a firearm that day and included that Moore didn't stay very long or even sit down. fl(i/(13/J:i 06/03/13 ----·---- ~~-- -·- .... ~~ ·V Crcex) f'){j '7 f\i\ [)e 0 ~ u IY\ lS fnvesfigetive Report for Incident 813·02272 Page 29of83 MnnrR qnd 1-11-llr!Fl 1\!o'n'ly t.hat oacur::ed in ::eont o:: the w·.r~.r.sidP.. Rr.ori'. !!Om<'\t·.imn b;ofon> tha ahooting, poss~bly on Friday (l\p;dl 19, 20l3l, beoauee Jerry Wietriok. told llh.arrna ::C1at he :.,ad been pre11ent d1.1rl.ng that incident, Oha~l!a aaid that ,JtJJ:Ll' Lulu llt:JL .Utal aJ:Ler '-~t!;l t.:(JI![tTJltL Sll had told Shat:tn <..__ ino:..de.!lJ;...___....,---- ·"--~·-- ·~-""'···"~·--... -...... - .... ,.,_. · Sltanllfl's ~,rl 11<1~ hA<'ll'l ;q bt!Ht:l:lng i.nsptlr!::or for O~k for "bout 2 yoars. 1. thanked Sh.;\1:-rna for he:r h!Olt: and tcld her thu.t if the She:d:ff Of:f:ice needed rurth;u; J.uroc.nctLiun :J.t netlu> I Wllll Glea.L· of my contact wit!-. Sham.a Dickinson at about 1046 ~~~·1:1. 1>.1: llbD\lt u;w hnt r ~111\l<'l t:~l<"phonA r:rmtM:I·. with DF!!:M~t.l.ve lfeye:1 to cllecl> if he l':ad illfotttlaci.m: reg;u:cing ":Take' &nd to &dvise :'l.:Lm of the :info~:mation Sharma had provided regarding ~oore' a sh.tem,.,nt to u,!lke lia.milton. Ronnie .Jkcgata{l and Ed V.clntyre by Dor. Moore. I requested Detective :Heyen to han::Ile the follow~up contacts with Haml.lt.on. Skogstac and Mcintyre. On 'l'hu.radt~y, M&y !), 2CD I returned to service and had ~iOllta.ct wit;h Detcct~vo :H"'y"'u. DwL. H"'Y"'JJ Lvhl tuw Ll:"'~ 1111 l1.;.u ul~;c;uvuo"ll lhctL t;b,; fi::ea1:n1 used by Do:1 M<'locll hi'!d hi!I'\M tYri gi n?d 1 y ptn·f!l1al{l-1rl hy 11 rnrm"'~ Dki'lt1og;n1. county corrections Officer, Jlm Harrison and !:;hat !fa!:'r:lson Cll T nm:'lf!7VOU!H!r'l wtt.h Det.. Hfwer. :.n t:he Rl.\!f!J:s.j.de area at about J.31!l hr:s. l'.t. ahnut 13:17. r.rA WA.IlrriV?!r'l i'lf. H•nid.den::!t'! wl!i.ch is :.ocated a:. 111 L::>W01' Tcm;,r sn.t·ero\;' Rivercidu, whr;re we ''0Jl~U D\Cring our cont<; see DetecHn• Heyen' c report for further: information resa1:ding the contact wil;.h Da11i.el 01:. •ter:. G71U'13 I~ Investigative Report for tncfdent S13·02272 Page 31 of 83 :Jet. Heyen and I cleared ou:: e<.mt~tct: with Mcintyre. ::lrYif''u. nprprt-ivP HAYP11 also later made contact with the peroCl< 11hom Sharm:> Dickbocn had id :Jetectlve Heyen told me that "Jake" W<>b auLu<1lly uvhll l> ::Ja1to11 ctated that Molcmy had. ol'.arod with the M group th On Thut:rilday, Ju11e G, 201:! at <~bout l.GOC ht I attempt<:;d to <:::Olltact liet·rll;;\·1¢:,:', l lo::t i':l mellaage reg:Ueeting a 1'et'.l~l1 call. tc the shel:':!.:!f Office. ·~ Priday, June 7, a013 at aDout 164'1 b:s I cl:ecked my voicemail at the Sbei·i£: •:.Jftice aud !ouna a message :-:rom Peter that hac been left at abont lAO~ hrs. He stated that ll.e would be available by ph.one fo1: a return cal:l, 1\t aboat 1715 h:r:<; I placed a return c;;ll to Peter. I ido:ttHiod myoo:Lf nnd explai,led why J: 'W IL i,.ur;!t;ll.) vui,. L.l! :r a~Jkecl. Pet.r iE l·.e roaallod ;my comrcr.ont.Lono vll,t:~ Con Moo~:c prior to tho incide::~~ whe::-ein Hooo:s had So;:Joken a.);)qJt what wa.s qoinq on. l?uLr· Lulu lilt> Lhal. he hau spoken wit::J. Don durir:g o::te. of the ~;o!-;e:c gx:uup E>f:li3U:li.JIIIJ, hUt' t.har it hMl bNm a normal r.:onv.,J:'!'l Dotr told me that Don did mention t:'lllt he had been the victim ot: o the::;: with lL(;ms ::JelLd ;my ni!mPI> o~ spsoifi·t~s about what 'll I l.:ha!l:r.sd l?et.r for taking the timo '>:.o opea:{ with me Ztnd wao clear of the "all at ~tbout 174!;; hr<:l. Elmi uf RtJVUI L. ::>l:!vut..y D. Ixwi.u, U30 June 7, 2Cl:l 1756 l!E'B, c/2uJtJD ~~ A b \oecJ-t v vv\ ·!\ P8 ) ar ~ 1 (: RAJAJ t ~ Lf (; f'UD U ).} b ..Jt.-~ f\b ~ekl \:)c::Jl'l\ ~ ;~ ~b~7JI';)u vv\ ~ r~ j_ cr\ '-f ro~ G-.(\L~~ 122 09-17- 2013IM ~ t ~---~-~-·-r---·······~-----~-·~- G;·~~----~;~;~~;~ 1 ~TION FOR FO r"~---"·-~-r--·-,·-··---~·-l·~--E~F~E~N,... _D-"'_A_"_N.-T~-8- -M·-~E--N--T~A-L--C-O_N,."_n··-~-T··~I-O.. N ____ "·www4·~·-, .. -·---··-·:i·-.. -·-·"-·-·"·····-·-·~l r-· RDER FOR MENTAL HEALTH 8 J2 VALUATION -~----·~-·-·--··-·----·-----·-t-"""':-~"·--·-r-·-,~~·-·--,-· I JUDGE CHRISTOPHER E. CULP !;;--·r~~~7 /201~·: OTION HEARING VIEW HEARING 2 c ~ () J 4Jr\:) .,g;L( A \)S)poJ\:)J f\\ G PJ, 3 ooT LJ ON SUBPOENA- K ANDER ON SUBPOENA- M WHITLEY ON SUBPOENA- T HARRISON RTSB 1118 TURN ON SUBPOENA- D 'IRTSB ODRIGUEZ 1 -TATE'su8TOF'W!TNE8SE:-S"A.'MENnEDlsTiw' ___ ...... OENA - JAMES C BLUE SB - LARK STEBBINS -EDWARD MCINTYRE ON SUBPOENA- N STEWART TATE'S LIST OF WITNESSES 2ND STLW MEND 7 6~~dA.11) ~t Lf [7 Ab {)e;t./1'::.11 M C. f1." J/Ji Lf ON SUBPOENA- E MCINTYRE TUSCONFERENCE/HEARING ~--,.,_ . ~-··~· ·-- ~~---- INTIFF'S PROPOSED INSTRUCTIONS ~"""~··•''""'_'_"/"'"'-'""'''''""""""'"""~""'"'""""'+"""-'"'M"m"Mm"'"-"-'""m""-""'"'-'"""""~"""-""~'"'"'~"'"~""'"'-''~~.... ,,,,.,,.,,,,,.,.~, ...,..,,.,.,,,.,.,, ...,,,,.,,,,,.,,,, ... ,,,,,_, .. _,,_,,,.,,.. ,F""'""'""'""'"''-'""''""'"""'""-"'"""i OTION AND MTAF FIDAVIT/DECLARATION SUBPOENA UNSERVED - 11 AM ERDICT FORM A - GUILTY RD r:~~i~vfiiilllcfFoiiM·'I5Ef\n.1\T ...... ,.~-·T~~ .. ,...... --·-+-· ...... _...... , .... ".. ERDICT FORM B -LESSER (BLANK) __jyRD-~-=------"-- 8 (;'(26 tJ )J ~ :r::1 L{ It- t\~ hc.>J-.J ~tJ~ ~ p~ Cft>f/() 1 yeah, we're going to sign an actual order to move it, 2 is that right? 3 MR. PRINCE: That's correct. 4 MR. SLOAN: We'll still have the same expira- 5 tion date written down and the trial date. 6 THE COURT: Yeah. And that's what's im- 7 portant to you Mr. Moore is that your -- your time- 8 for-trial, your speedy trial, that does not change. 9 MR. MOORE: Okay. 10 THE COURT: Okay. And so this is your signa- 11 ture then agreeing to that? 12 MR. MOORE: Yes Sir. 13 THE COURT: Do you have any questions about 14 what we're doing? 15 MR. MOORE: No Sir. 16 THE COURT: Alright. 17 MR. MOORE: You can assure the jurors I'll be 18 here anyway so I could pitch in. 19 THE COURT: Alright. Now, counsel, and the 20 other thing too, Joy, for the -- and Talia is aware 21 of this, for purposes of the juror message we wanted 22 them to show up I think we said at 9:30 -- 23 MR. SLOAN: 9:30. 24 THE COURT: -- instead of 8:30 because we -- 25 we' 11 need some extra time to deal with pre-trial - 19 - Tina M. Steinmetz, PO Box 1806, Moses Lake, WA 98837 (509) 660-0691 c;;t2 cu N \) ±t--L( )q f\b!l\e(IJ.t\ v )'V\ ~ f:._;1 1 o~f;u 1 matters. So 9:30 on September 9. And counsel, I'm 2 also going to put in here on the amended order set- 3 ting dates we'd have readiness -- I've just put RC 4 for the readiness calendar on September 8, 2014 and 5 we know that'll be at 1:30. 6 Okay. I've signed the amended order setting 7 dates this afternoon, the 28th of August. Mr. Sloan, 8 anything else? 9 MR. SLOAN: No Your Honor. 10 THE COURT: Mr. Prince, anything else? 11 MR. PRINCE: No Your Honor. Thank you. 12 THE COURT: Okay. I've got a copy of this 13 then for Mr. Moore. Okay. Thank you. So Ms. Beak- 14 er, no criminal trials next week. 15 (End of proceeding - 3:11 p.m.) - 20 - Tina M. Steinmetz, PO Box 1806, Moses Lake, WA 98837 (509) 660-0691 CJf<_(Ju ~\J .:It Lj 1\\)~p,v'!)J #\ ~ fj, 7 af' J6 1 to testify about if it's not clear for the State. 2 THE COURT: Okay. 3 MR. PRINCE: For sure. 4 THE COURT: Is that fair? 5 MR. PRINCE: That is indeed. 6 THE COURT: And not later than 5:00 p.m. then 7 next Wednesday, September 3rd, And I guess then, Mr. 8 Sloan, if you feel that that's not been complied with 9 we have scheduled the morning of trial some extra 10 time for motions in limine. 11 MR. SLOAN: Correct. 12 THE COURT: Okay. So the Clerk's office has 13 gone to great lengths to, in fact, call potential ju- 14 rors to increase the size of our panel for next Tues- 15 day. I think there were originally seventy-one sum- 16 monsed and based on an expected fifty percent return, 17 and I talked with the jury clerk and said I thought 18 that we'd need more than thirty to thirty-five -- 19 MR. SLOAN: Absolutely. 20 MR. PRINCE: For sure. 21 THE COURT: -- given the nature of the charge 22 or charges and the length of the trial and so forth. 23 And, in fact, I told her that I thought we probably 24 needed seventy plus. So I think-- I know she's go- 25 ing to be upset but this might actually be good news. - 17 - Tina M. Steinmetz, PO Box 1806, Moses Lake, WA 98837 (509) 660-0691 c: (<_O.({rJ I) .JA, t( 1\"9 ~e~o u W\ "\?:> P$ J"bf 10 1 What I'm going to suggest is that -- we don't have 2 any other criminal trials set then for next week? 3 MR. SLOAN: We do not. 4 THE COURT: I'm -- I'm going to suggest that 5 the message for the jury panel on right now 6 they'll be calling us on Monday night-- 7 CLERK: Right. 8 THE COURT: that we change that message 9 and instruct them and ask all of those people to call 10 on Monday the 8th of September so that we have that, 11 you know, seventy or eighty in addition to the sixty 12 or seventy that she's got subp -- or summonsed for 13 the 9th so that we'd have, you know, maybe a hundred 14 and fifty and hope for like seventy-five. Does that 15 make sense? So tell her it's bad news but maybe good 16 news in terms of -- of the matter being not continued 17 but moved. 18 Okay. Alright. So with the agreement of the 19 parties then -- Mr. Moore, we're_ moving your case. 20 And I'm hearing that you and Mr. Prince have talked 21 about this and -- and that you agree? 22 MR. MOORE: Yes Sir. 23 THE COURT: And frankly, even if you didn't 24 agree, it would still be within your speedy trial 25 right which runs on September the 22nct; but so - 18 - Tina M. Steinmetz, PO Box 1806, Moses Lake, WA 98837 (50 9) 660-0 691 G(z_(J) IJ~ ,.jJ,- L{ ()_')- A~ t> eiJ~J V\ ~ r3 lJ of i6 1 County or are they elsewhere? 2 MR. PRINCE: One -- at least one is not but 3 the rest yes. 4 THE COURT: Okay. And so what I hear then is 5 that the defense is actually in agreement for the 6 purpose of allowing your investigator this additional 7 time in which to try and find these people. 8 MR. PRINCE: That's correct. 9 THE COURT: Is it conceivable counsel that -- 10 that there'll be a motion to -- to continue because 11 of this? 12 MR. PRINCE: I -- I doubt it Your Honor. The 13 nature of what they may or -- may be able to testify 14 to-- it just-- it's somewhat ancillary to-- to the 15 issues here. 16 THE COURT: Okay. 17 MR. PRINCE: And I -- I just don't think it's 18 going to hold things up. 19 THE COURT: So in other words if Mr. Baker 20 doesn't find them in time for interviews and prepara- 21 tion it's the defense's intention to go ahead without 22 them? 23 MR. PRINCE: Absolutely. 24 THE COURT: Is that what I'm hearing? 25 MR. PRINCE: Yes Your Honor. - 15 - Tina M. Steinmetz, PO Box 1806, Moses Lake, WA 98837 (509) 660-0691 tl:l<_a0 A1 b ~ L{ 'd-? A~@eJ~ciM 1:, fs ~ (jv 1 o 1 THE COURT: Okay. So -- Mr. Sloan, what -- 2 today is the 28th, I assume you would want at least 3 to know by say a week from today who those -- who 4 those people are and -- and then have four or five 5 days within which to try and reach them? 6 MR. SLOAN: Correct. Yeah. Today is Thurs- 7 day. Yes. 8 THE COURT: Okay. 9 MR. SLOAN: If we could get it by say next 10 Wednesday that would be ideal. 11 THE COURT: Okay. 12 MR. SLOAN: I know that's that includes 13 the holiday in there too but -- 14 THE COURT: Yeah. Okay. So -- so Mr. Prince 15 can can we can -- can we say that it's fair 16 that that these people -- if Mr. Baker tracks them 17 down that you would provide names, addresses or con- 18 tact information for the State not later than 5:00 19 p.m. next Wednesday, September the 3rd? 20 MR. PRINCE: Absolutely. 21 THE COURT: Is that fair? 22 MR. PRINCE: That is fair. 23 MR. SLOAN: And also we'd like to -- to have 24 any statements that they have given or oral, written 25 or otherwise and -- and what they would be expected - 16 - Tina M. Steinmetz, PO Box 1806, Moses Lake, WA 98837 (509) 660-0691 c· R.s-> u w 'D ~ '-! 1\ \) D;&J ~v W\.. ~~ c?-Jf fj 3 ~)f /o 1 THE COURT: So the request is to move it 2 within speedy trial to September 9? 3 MR. SLOAN: Correct. 4 THE COURT: And remind me, when does Mr. 5 Moore's time-for-trial expire? 6 MR. SLOAN: September 22nct. 7 THE COURT: 22. Okay. So what I'm hearing 8 is not a motion to continue; but to move it within 9 the current trial docket, just to the second week? 10 MR. SLOAN: That is correct. 11 THE COURT: And are you at least aware of the 12 names of the witnesses -- 13 MR. SLOAN: Yes. 14 THE COURT: that have been -- 15 MR. SLOAN: On Mon Monday we received a 16 list that -- that listed out I think five or more 17 witnesses. Some of them are our witnesses, obviously 18 we would expect that we would know what they would 19 say. Some others we don't have information on and -- 20 and e-mails back and forth with counsel, I think 21 they're having some difficulty with their investiga- 22 tor reaching some of them as well. So we would just 23 want the information about what they would testify to 24 in any statements they have given prior to trial. 25 THE COURT: Okay. So Mr. Prince, I suppose - 13 - Tina M. Steinmetz, PO Box 1806, Moses Lake, WA 98837 (509) 660-0691 C (Lc.>u' ('J ~ .J<:- L(' , Y-\ 0 D e;JOu Yr\ 13 ~'( PeJ 1 <~'f L 6 1 the starting place for this discussion, at least from 2 the defendant's standpoint is do you expect to still 3 call these other potential defense witnesses? 4 MR. PRINCE: Your Honor I -- I'd say the best 5 answer is -- is maybe unfortunately. 6 THE COURT: Maybe. 7 MR. PRINCE: There are a couple I'd say more 8 likely than not and yes, the rest my investigator has 9 had difficulty in getting in touch with them but we 10 just decided to put them on a witness list just to 11 get them out there and -- so I -- I am speaking with 12 Mr. Baker, my investigator, and he is going to be 13 talking with them here shortly. So I did 14 talked with Mr. Sloan about this earlier and we actu- 15 ally agree with the request. 16 THE COURT: Okay. 17 MR. PRINCE: And as does Mr. Moore. 18 THE COURT: So in your opinion -- well, not 19 in your opinion, is this case, Mr. Baker the investi- 20 gator's pretty much number one priority? 21 MR. PRINCE: That is the case. 22 THE COURT: Is that fair to say? 23 MR. PRINCE: Yes. 24 THE COURT: And do we -- do -- do you have 25 reason to believe that the witnesses are in Okanogan - 14 - Tina M. Steinmetz, PO Box 1806, Moses Lake, WA 98837 (509) 660-0691 {:;.. fZ_~N ~ :;!1- 4 ?-ID Dt2;J~JIY\ lS ~ J "-\ ID IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR OKANOGAN COUNTY STATE OF WASHINGTON, ) Plaintiff, ) No. 13 1 00126 6 ) (COA No. 32925-9-III) ) vs. ) ) DON ARTHUR MOORE, ) Respondent. ) TRANSCRIPT OF PROCEEDINGS August 28, 2014 - Hearing on Motion to Dismiss BEFORE the HONORABLE JUDGE CHRISTOPHER CULP, Su- perior Court Judge, on the above date, at the Okanog- an County Superior Court, Okanogan, Washington; WHEREUPON, the following proceedings were had, to-wit: A P P EAR AN C E S: FOR THE PLAINTIFF: MR. SLOAN, DPA FOR THE RESPONDENT: MR. PRINCE, Attorney at Law TRANSCRIPTIONIST: Tina M. Steinmetz PO Box 1806 Moses Lake, WA 98837 ********************************************** - 11 - Tina M. Steinmetz, PO Box 1806, Moses Lake, WA 98837 (509) 660-0691 c {2.61J j,.f\J ~1(' ;;;.7 AA 'Pe ~ ~ ¥1\ 2 fj ::L<>f 1D 1 AUGUST 28, 2014 - HEARING ON MOTION TO DISMISS 2 THE COURT: So again, good afternoon. In the 3 State versus Don Moore matter, we're in court this 4 afternoon. Today' s date the 28th of August, 2014. 5 And Mr. Sloan is here, Mr. Prince is here represent- 6 ing the defendant who is present. I am Judge Culp. 7 Mr. Sloan, the rna tter special set requested by the 8 State. What's going on? 9 MR. SLOAN: Your Honor, previous hearings 10 we've indicated that there is a chance this could get 11 moved to the -- we may request it be moved to the 12 second week-- obviously it's the Court's discretion. 13 In talking with counsel we had received some witness- 14 es that I don't think counsel has even had a chance 15 to to fully get a hold of that are potential de- 16 fense witnesses. Obviously we need some information 17 from defense regarding those witnesses as it may per- 18 tain to motions and obviously defense needs to have 19 contact with them as well. 20 So we are asking the Court to move the start 21 date of this trial within the current speedy trial to 22 September 9th to allow some more time to try to get 23 that information to us so that we -- if we need to 24 contact them we have time to do that over the next 25 week. - 12 - Tina M. Steinmetz, PO Box 1806, Moses Lake, WA 98837 (509) 660-0691 cn_a (?) t-~ ~:> tl L[ f:\'DDEN'0°fY\ A Pt. ) at' L\ 1 2 3 4 5 6 •t•. 7 iN THE SUPERJOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF OKANOGAt'\i 8 STATE OF \VASHINGTON NO. 13-l-00126-6 9 Plaintitl~ 10 DEFENDANPS MOTION TO vs. DISMISS FOR VIOLATION OF 11 RIGHT TO SPEEDY TRIAL DON A. MOORE, 12 Defendant. 13 14 COMES NOW the Defendant, DON A. MOORE, and moves the Court to dismiss for 15 violation of his right to a speedy trial. This motion is based upon CrR 3.3, cited case law and the 16 attached declaration of Don Iyloore. 17 1 DATED this l9 h day ofAugust1 2014, . 18 19 20 t' CHAEL S. PRINCE, WSBA #34021 21 Attorney for Defendant 22 23 24 25 26 27 28 DEFENDANT'S MOTION TO DISMISS FOR VIOLATION ~lt\CDOUGAL.l. PRI~CE,I"'LLC OF RIGHT TO SPEEDY TRIAL P.O.IlOX $1J 123 01\:ASOG,\N, WA 988.10 (.S09J m-97ot c_ l12_fo 0 )'J b, .0:c Lf 1\.~bt:::~J~JYYI. A ~~ j_ ~F ~ 1 ANALYSIS 2 CrR 3.3 provides that a defendant who is detained in jail shall be brought to trial within 60 3 days of his arraignment. The purpose of this rule is to protect the defendant's constitutional right 4 to a speedy trial and to prevent undue and oppressive in<:arceration before trial. Suae v. Kingen, 5 39 Wn.App. 124, 127,692 P.2d 215 (1984). Nevertheless~ the constitutional right to a speedy 6 7 trial does not mandate trial within 60 days. Suzte v. Torres, Ill Wn.App. 323, 330, 44 P.3d 903 8 (2002). CrR 3.3(f)(2) permits the trial court to continue the trial past 60 days when necessary in 9 the ::administration of justice and the defendant will not be prejudiced in the presentation of his 10 or her defense.~• The rule adds that "[t]he bringing of such motion by or on behalf of any party 11 waives that party's objection to the requested delay." CrR 3.3(f)(2). The decision to grant a 12 continuance under CrR 3.3 rests in the sound discretion of the trial court and will not be 13 14 disturbed unless the trial court gmnts the continuance for untenable reasons. &me '1. Nguyen, 131 15 Wn.App. 815, 819~ 129 P.3d 821 (2006). 16 Continuances are excluded from speedy trial calculations, as are periods of incarceration on 17 unrelated charges. CrR 3.3(e)(2)~ (3)i SIC/te v. Bobenhouse. 143 Wn.App. 315,329, 177 P.3d 209 18 (2008), affirmed on other grounds .. 166 Wn.2d 881, 214 P.3d 907 (2009). If a period is excluded: 19 the allo\vable time for trial shall not expire earlier than 30 days after the end of that excluded 20 21 period. CrR 3.3(b)(5). 22 Failure to strictly comply with the time for trial rule requires dismissal: whether or not the 23 defendant ca11 show prejudice. State v. Tolles (20 13) 174 Wash.App. 819, 301 P.3d 60. 24 25 26 27 28 DEFENDANT:S !v10TION TO DISMISS FOR VIOLATION ~1,\COOUG,\LL l'Rl~CE. PLLC OF RIGHT TO SPEEDY TRIAL P.O. B0.'\~11 Qf\M:OGA1'1, W,\ 98840 124 (1'1!9)422-9i01 c·e uv a./fJ '!±-L( Ab JJ ~;J~J M A lj' 'ScSi Lf 1 DECLARATION OF DON MOORE 2 3 DON MOORE declares under penalty of perjury that the following statements are true 4 and correct: 5 6 A.S. t::;c.Vtbet-.lc.Gb IN -r'r\~ A"T-!PtC4{e~ Co{ly d\Z' 7 c: c u ~"(' 1-:t.e.c-oe-~ A t---L 'P A ~\'\S.\S I 0 'rv\'{ CA.~ e 8 \.lJ eo..e.. 'P Cle2s' PiJ'T I..,) l"l.ll~ c:ou ~-c- r,to6 i'Y\. e, ~ "':S"\j )J€.._ PRe..se~Ye,.i:) A~ 9 q 1 ;zo 14 • c..l -r -4 p. -r c rv-re. c\J e _,... 10 (<.eA\)'/ Fo 1 :r Ast< --rJ..IGi ~a.ofl-'1" ·"To cSQ.pq,jT -ri..!{S <:.·6tJSY?·IU'TJc·wAU..y 2 c~~ N<-- l\-tJ ·1e..e- ~ R. , ~it~~~~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DEFENDANrs MOTION TO DISMISS FOR VIOLATION CIIACOOUGALL PRINCE, l'LI.C OF RIGHT TO SPEEDY TRIAL P.O. BOX~II 01\AI\'OGAN, WA ~8840 126 (HI?) m-?701 . 13 tlOV 26 PN 1: 23 · . STATE OF WASHINGTON ·c.. s·0~'g'11 '~i ~·::.!';;. DEPARTMENT OF SOCIAL AND HEALTH SERVIC~ARttm ?"Jh~~~~M. ClERK . Aging and Disability Services , ..::.. . i~\ Behavioral ~iea.Jth and Service Integration Administration Eastern State Hospital . 1132-23 • P.O. Bo:~: 800,800 W, Mllple Street • Mediclll Lake, WA 9902:!-0800 • (509) 565-1000 November 20, 2013 The Honorable Christopher E. Culp Judge Okanogan County Superior Court l49N. 3rd Okanogan WA 98840 · RE: MOORE~ DON A. DOB: 9/16/47 ESH NO: 549646 CAUSE NO: 13~1-00126-6 Dear Judge Culp: Mt. Don Moore is a 66-year~old, Caucasian, married1 male who was admitted to Eastern State Hospital for a forensic evaluation. Mr. Moore h1s pending legal charges of Murder in the First Degree, The following are my opinions based on my evaluation: Diagnosis: Mr. Moore might have a mental disease or defect. Competency: Mr. Moore has the capacity to understand court proceedings and productively participate in his own defense. DMHP Eval: An evaluation by a DMHP is wal'ranted prior to release. 140 SEALED/CONFIDENTIAL DOCUMENT DATE: \ \- ;?:ft, ~ l·?J TITLE: Con-b'~ .k?L~t 139 C {I_~U1\J ~'3 -f\ \) \J f; }Jbu M (\ The Honorable Christopher E. Culp RE: . MOORE, DON A. November 20, 2013 · ESH NO: 549646 Page 2 o f' ~ CAUSE NO: 13·1 -00 126·6 Sanity Commission Report Mr. Don Moore is a 66~year-old, Caucasian, married male who was admitted to Eastern State Hospital.(ESH) for'the first time on November 4, 2013, under RCW 10.77.060, on a 15wDay Observation statUs for evaluation of competency and whether he needs to be evaluated by a DMHP from Okan<;~gan County. Mr. Moore has pending legal charges of Murder in th~ First Degree. In response to )'OUr court order 'of August 23, 2013, I offer the following facts, opinions, and recom.qtendations. 1) · A description oftlte IUiture oftile e.taminatio11; Beginning Novernber 4, 2013, :Mr. Moore was detained, observed, and evaluated as part of the Competency Evaluation and Treatment Program (CETP) at Eastern State Hospital. Mr. Moore received a clinical profile (psychiatric evaluation~ physical assessment, nursing assessment, recreation therapy assessment, and psychosocial assessment), routine laboratory testing) a treatment planning session~ and a forensic interview on November 19, 2013. Corollary resources used included police reports1 criminal history, and information from his ESH chart. 1) A diagnosis oftlte defmdmtt's mental co,dition; DIAGNOSES: 1. Posttraumatic Stress Disorder, pet history 2. Cannabis Dependence 3. Transient Ischemic Attacks (mini· strokes), per history The following background data was gatherep from infonnation Mr. Moore provided to this Sanity Commission evaluator, information from his ESH chart~ and other available collateral sources. J?!lckground Mr. Moore has no prior felony convictions. He has no history of being found not competent His developmental history is unremarkable. After high school, Mr. Moore joined the armed forces and served for two years. He was discharged after suffering a gunshot wound to the chest and given 40% disability. Mr. Moore has worked in a variety of· capacities, including constmction. He was last employed in approximately 1992 as a real estate agent. He has been employed as a real estate agent and broker, in construction and auto sales 1 in oil field drilling and development, and in real estate development. Mr. Moore said that he no longer works because of symptoms related to Posttraumatic Stress Disorder (PTSD). · 141 Aout--1'? ~j f\ D Def.J!jd 'M 1\- ·??t.-f The Honorable Christopher E. Culp RE: MOORE1 DON A. November 20,2013 ESH NO: 549646 ~age 3 o ~ (, CAUSENO: 13-1-00126-6 Drug and Alcohol Use History . Mr. Moore describes himself as a 10recovering alcoholic." Mr. Moore said that for many years he consumed significant amounts of alcohol on a daily basis. He said that: prior to his arrest, he smoked marijuana on a daily basis for medical reasons. He consumes narcotic medications becaus_e of physical pain. · Mental Health Hlstorv In 1992, Mr. Moore' sought services at the Veteran's Administration Medical Center and was diagnosed with PTSD. He participates in monthly appointments with a VAMC psychiatrist and has been prescribed medications tor his symptoms. Mr. Moore reported that, currently, symptoms ofPTSD that he experienc~d were under controL Of concern to Mr. Moore is that he believes he is experiencing cognitive difficulties and does not know \Vhy. He said that this began approximately two years ago. He described the first episode as follows; He was driving on the highway. and suddenly .realized that he did not know what was going on and found himself one hour (approximately 45 miles) from his home. He pulled into a mini-mart' to t1nd out where he was. He said his second incident involved driving to Wenatchee, getting lost and not knowing where he was. Mr. Moore said that he continues to experience these episodes and that most of them are briet: He described them in a variety of ways including: feeling dizzy, getting a headache: hearing people talk to him but not being able to respond! disorientation, confusion, and loss of time. Mr. Moore said that he has discussed these episodes with his VA psychiatrist and has had an MR.I. ·Mr.· Moore recalled that the results of the MRl showed "white spots on my brain, similar to Alzheimer's." l\!Ir. Moore said he does not think he has Alzheimer's because he has friends who have it and they are unaware Of their impairment. Mr. Moot'e said that, in contrast, he is aware of his cognitive difficulties. I consulted with the individuals responsible for his physical treatment a.t ESH. I was told that the symptoms Mr. Moore is repo11ing are odd in that, · most individuals who have seizure disorders do not remain conscious during the episodes · and 1 after the episodes, req~lire time to recover. Th~se two things are not present with Mr. Moore's episodes. It is suspected by medical staff that Mr: Moore might be malingeting. . CQ.Y!se of St~y Upon admission, M.r. Moore was asses$ep to be fully oriented and alert. He was able to converse in .a productive manner. His attitude was friendly and cooperative. His thoughts . were ~rganized and goal directed. His memorY, concentration abilities and abstract thinking abilities were intact. He did not endorse or demonstrate any symptoms of a mental disease ordefect. · 142 c· p__o:>u iJ b ±f-5 A\JPc"' J..i~CJJ M f\ The Honorable Christopher E. Culp RE: MOORE, DON A. November 20,2013 ESH NO: 549646 Page 4 .o ·~.· ~ CAUSE NO: 13~1-00126·6 Over the course of his admission~ Ivlr. Moore was observed to have good hygiene, appetit~ and sleep. He was able to socialize appropriately with others. On November 16, 2013, he was observed to have bright affect and was laughing and joking with peers. He. frequently completed complex crossword puzzles with relative ease. He \von the ping pong tournament against some talented players, His mood was generally calm. His thoughts were logical and he did not manifest any signs or symptoms of having a mental illness. Mr. Moore had several episodes when he did report feeling di1..zy and would become unstable. On November 14,2013, Mr. Moore reported feeling dizzy and was observed to be in the fetal position on the floor. Staff called for a 11code orange," which means that medical staff should immediately attend. Mr. Moore was observed to "jump up" after that and told staff, 14fm fine:' but continued to report feeling dizzy. He was observed to walk back with steady "gait and proceeded to make his bed and· straighten up his room . .EJ!J.lt~.tz.ation of_D,iagaos.i~: At this pointt it is unclear regarding the verity or etiology of the symptoms Mr. Moore reports experiencing. Mr. Moore does not meet the criteria for Dementia. His long term and short term memory were excellent. He was able to offer details from the distant past. He was able to offer detailed information, including quotes, from rece].lt conversations he had with medical staff at ESH as well as the medical 'staff at the jail. It is my opinion that, if he is experiencing TIA' s that, aside from brief moments of distress, there do not appear to be long term effects that would preclude competency. 3) COMPETENCY: lf tlte defendant suffers from mental disease or deject, or is developnumtally dlsable'd1 an opi11i01t as to defendant's competeJtCY1 to understand the . proceedings dud to assist in dtlj'endant's own defense. If tile report concli1des .tlte defendant is illcompeteut to proceed, a11 opinion wltetlter psyclrotroplc medications are necessary and appropriate to restore the defendallt's competency; - It is my opinion that Mr. Moore might have ·a mental disease and/or defect and currently has the. capacity to unders~and the proceedings against him and to productively assist in his own defense. · On November 19, 2013, I interviewed .Mr. Moore. ·At the outset of the forensic interview, Mr. Moore was informed of his rights concerning his participation. He was inforn1ed of the limited confidentiality involved in the court-ordered evaluation process and that he had the right to request an attorney be present, the right to consult with an attorney, and the right to refuse to answer any question he did not want to a11swer. He was informed·~hat all information gath"ered during thls process could be shared with the judge~ defe11se attorney, prosecuting attomey, his regional mental health treatment provider1 and 1 if pertinent: his jaWs medical unit. Mr. Moore stated he understood the above and his subsequent discussions of th.e topics with the examiner suggested that he understoQd his rights and the overall evaluation process. 143 Cr2uu rJ ~ JkJ' A f) D&-tVDu W\ A The Honorable Christopher E. Culp RE: MOORE, DON A. November 20~ 2013 ESH NO: 549646 . PageS d> ( ~ CAUSE NO: 13-1-00126-6 Over the course of the interview, Mr. Moore demonstrated that he has sufficient knowledge of court proceedings and the roles of the participants involved with these proceedings. He was able to explain the roles and responsibilities of the judge~ defense attorney, prosecuting attorney, witness, and jury. He is able to identify his attorneys and how he may contact them. Mr. Moore stated that he is unsatisfied with the amount of work that his attorneys have done on Ws case so far. Mr. Moore said, aso far, I'm six months into this thing and they haven't done a damn thing." Mr. Moore recalled that there was an incident when he was being advised to sign away his right to a speedy trial and he refused: despite his attorney stating that he would need more time to prepare. Mr. Ml10re said he refused because he was angry. As he described it, I diP, not recognize any psychotic or mood-related symptoms that were involved when M.r. Moore was refusing to cooperate. It appeared to be in his volitional control. Mr. Moore knows and can explain the concept of a plea bargain. He is aware of his plea options regarding these charges. He knows that sentencing typically follows a guilty plea and a trial typically follows a not guilty plea. He was able to correctly identify the crimes for which he has been charged (Murder in the First Degree) as well as explain in his own words the meaning of those charges. Mr. Moore said that he does not understand why he has been charged as such and feels he should not face any charges. Mr. Moore stated, "I don't thing there should be a charge. The son-of-a~bitch stabbed me: so 1 shot,him. 11 Mr. Moore said that he wants to take this to trial and wil1 not consider a plea bargain because, c:Any sentence is a life sentence. Pm 66 years old and I didn't murder any goddamn body. I called the police from there when I was there. This is total bullshit. If they [sheriffs department] had done their jobs [arresting the victim after he filed a report of the victim stealing items from him] it ·wouldn't have happened." 4) ·MHP EVALUATION: Au opiuiotJ as to w/letlter the defetrdqnt should be. evaluated by a cotmly desig11ated mental healtll professional u11der RCW 71.05; It is my opinion that Mr. Moore may warrant an evaluation by a DMHP, under chapter 71.05 RCW because he has a history of behavior that is dangerous to himself and others. Additionally, it.is possible that M1·. Moore may incur cognitive impairment such that it might render him gravely disabled. There are additiOltal records available to you upon specific request. These include Clinical Profile and Laboratory Data. which are nonnally not circulated for the protection of the patient. lfthey are desired for court, please address a specific request to ESH's Medical Records Department (565~ 4266). The judge, defense attorney, or prosecuting attorney can do tlus. 144 3 Gf2.ou W{) 3 f\ ~ \J eJJ t>u 'M 'f\ The Honorable Christopher E. Culp RE: MOORE, DON A. November 20~ 2013 ESH NO: 549646 ~age 6 o'F' CAUSE NO: 13-'1~00126-6 I trust this information will be helpful in further adjudication of this case. If 'you have any questions, please call me at 565-4000 .. Sincerely, Randall Strandquist, ~syD Licensed Psychologist RS/(bmb) · - · pc: · KarCSioan, Deputy Prosecuting Attorney Emma Paulsen, Attorney for Defendant Okanogan Courlty Mental Healthcare Okanogan County Jail Medical 145 J. FRied AUG 2 6 2013 Okanogan County Clerk Superior Court of Washington County of Okanogan No. 13-1-00126-6 State of Washington, v. ORDER FOR MENTAL HEALTH EVALUATION BY EASTERN STATE Don A Moore HOSPITAL THIS MATIER coming on in open court upon the motion to the Superior Court, and there being reason to doubt the defendant's fitness to proceed and/or there being entered a mental defense, and the court being ln all things duly advised; the plaintiff being represented by the undersigned Deputy Prosecuting Attorney; the defendant is not present and being represented by attorney Emma Pi)l![s~n.; now, therefore, THE COURT FINDS the defendant is in need of forensic mental health evaluation for tne items listed below: and IT IS HEREBY ORDERED, under the authority of RCW 10.71.060, that the defendant, Don A Moore, who is charged with the crlme(s) of: I Count 1: Murder 1 be evaluated by an expert(s) of the staff of Eastern State Hospital, who are designated by the Secretary of tha Department of Social and Health Services, Including both a psychiatrist and a psychologist, If necessary. The examination mav include psychological and medical tests and voluntary treatment If inpatient at Eastern State Hospital, and shall be completed as specified below: ORDER FOR MENTAL HEALTH EVALUATION BY EASTERN STATE HOSPITAL"' Moore: lll-1•00126·6 Page1of 146